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1977 Supreme(Mad) 112

A.VARADARAJAN
Gopalakrishna Pillai and another – Appellant
Versus
Chinnapillai Padayachi and others – Respondent


Advocates:
T.V. Balakrishnan, for Appellants.
V. Ratnam, for Respondents.

JUDGMENT:-The plaintiffs who lost in both the Courts below are the appellants. They filed the suit for declaration of their title to the suit properties and for recovery of possession thereof. The suit properties are 2.41 acres comprised in R.S. No. 6|1 and 17 cents in R.S. No. 6|8 of Kilakarai Village, Chidambaram taluk. It is common ground that these properties originally belonged to one Namasivayam who died about 38 years prior to the date of the suit and that after his death his second wife Rukmani, who died on 30th June, 1968 was in possession of those properties. The appellants who are brothers contend that Namasivayam’s first wife was one Kamalam and she had a son by name Dharmalingam, who died in 1940 and they are the sons of Dharmalingam and that therefore they are the heirs of Namasivayam. The 1st respondent is the lessee who is alleged to have declined ‘to recognise the title of the appellants to the suit properties. Respondents 3 to 5 are the daughters and the 6th respondent is the widow of Dharmalingam, that is to say, respondents 3 to 5 are the sisters and 6th respondent is the mother of the appellants. Rukmani, the wife of Namasivayam had two sons — Shanmugham and Mu







































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